Hunter v. New York City Board of Education

Appellate Division of the Supreme Court of New York

Hunter v. New York City Board of Education

190 A.D.2d 851, 594 N.Y.S.2d 649, 1993 N.Y. App. Div. LEXIS 1575

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 22, 1993

StatusPublished

Cited by2 cases

This text of 190 A.D.2d 851 (Hunter v. New York City Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hunter v. New York City Board of Education, 190 A.D.2d 851, 594 N.Y.S.2d 649, 1993 N.Y. App. Div. LEXIS 1575 (N.Y. Ct. App. 1993).

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Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the New York City Board of Education, dated April 18, 1990, which declined to accept the findings and recommendations of an Administrative Law Judge and instead found the petitioner guilty of excessive absenteeism and imposed upon him a penalty of 30-days suspension without pay.

Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, with costs.

We find that there was substantial evidence in the record to support the Board’s finding of fact that the petitioner, who was absent from work on 30 occasions between July 25, 1988, [852]*852and July 11, 1989, was guilty of excessive absenteeism (see, Matter of Pell v Board of Educ., 34 NY2d 222, 231; Matter of Moorehead v New York City Tr. Auth., 147 AD2d 569). We note that the petitioner’s absences, eight of which occurred on Mondays, and for some of which the petitioner provided questionable explanations, occurred even after the petitioner had been warned several times by his supervisor that his poor attendance was adversely affecting the operation of his office. Mangano, P. J., Sullivan, Balletta and O’Brien, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the New York City Board of Education, dated April 18, 1990, which declined to accept the findings and recommendations of an Administrative Law Judge and instead found the petitioner guilty of excessive absenteeism and imposed upon him a penalty of 30-days suspension without pay.

Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, with costs.

We find that there was substantial evidence in the record to support the Board’s finding of fact that the petitioner, who was absent from work on 30 occasions between July 25, 1988, [852]*852and July 11, 1989, was guilty of excessive absenteeism (see, Matter of Pell v Board of Educ., 34 NY2d 222, 231; Matter of Moorehead v New York City Tr. Auth., 147 AD2d 569). We note that the petitioner’s absences, eight of which occurred on Mondays, and for some of which the petitioner provided questionable explanations, occurred even after the petitioner had been warned several times by his supervisor that his poor attendance was adversely affecting the operation of his office. Mangano, P. J., Sullivan, Balletta and O’Brien, JJ., concur.

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Bluebook (online)

190 A.D.2d 851, 594 N.Y.S.2d 649, 1993 N.Y. App. Div. LEXIS 1575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-new-york-city-board-of-education-nyappdiv-1993.

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